Breach of Contractual Pre-conditions to Arbitration: An Admissibility Issue or One Impacting Upon the Arbitral Tribunal’s Jurisdiction? - Asian Dispute Review View Breach of Contractual Pre-conditions to Arbitration: An Admissibility Issue or One Impacting Upon the Arbitral Tribunal’s Jurisdiction? by - Asian Dispute Review Breach of Contractual Pre-conditions to Arbitration: An Admissibility Issue or One Impacting Upon the Arbitral Tribunal’s Jurisdiction? 26 1

This article discusses the recent Hong Kong Court of Final Appeal decision in C v D. Comparisons are made with decisions of courts in other common law jurisdictions as to whether breach of pre-arbitration conditions raises an issue going to jurisdiction (which may be reviewed by a court) or admissibility (which may not). The author then discusses the genesis, nature, scope and limitations of the jurisdiction/admissibility distinction and whether an alternative approach to this matter is available. The article is an edited and updated version of the winning entry in the Hong Kong/Global category of the 2023 HK45 Essay Competition.1

Asian Dispute Review